Terms & Conditions and End-User License Agreement (EULA)

Last updated: February 5, 2025

1. Introduction

These Terms and Conditions (“Agreement”) govern your use of the FOMO mobile application (“App” or “Service”) and any related products and services. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these terms.

Note: FOMO is owned by Expansive Verity, LDA, a company registered in Portugal.

2. User Accounts and Responsibilities

Account Creation: To access the App’s features, you must create an account and provide accurate and up-to-date information (e.g., full name, phone number, profile photo, and age). False or inaccurate information may result in account suspension or deletion.

Account Security: You are responsible for safeguarding your account credentials. If you detect any unauthorized use, you must inform us immediately. We reserve the right to suspend or delete accounts that violate these Terms.

Minimum Age and Privacy: You must provide truthful age information. The App complies with age restrictions in force within the European Union and Portugal. Users under 18 may have limited access to the Service.

3. User Content and Conduct

User Content: You retain ownership of any content you submit but grant us permission to use, store, and display it as necessary for the functioning of the Service.

Prohibited Conduct: You agree not to engage in illegal, harmful, or abusive activities, including but not limited to:

Moderation: We reserve the right to remove or restrict any content that violates these Terms.

4. Privacy and Data Protection

Data Collection: By using the App, you consent to the collection of personal data (e.g., name, phone number, profile photo, age, and status) as described in our Privacy Policy.

Data Usage: Your data is used exclusively to enhance the functionality and user experience of the App. We do not engage in targeted advertising.

Data Protection: We implement strict security measures and comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Portuguese national legislation, such as Law No. 58/2019 of August 8.

User Rights: You have the right to access, correct, or delete your data. To exercise these rights, you may contact us at engineering@fomoapp.org.

5. Intellectual Property

All intellectual property rights related to the App and its content are owned by Expansive Verity, LDA, or its licensors. Your use of the App does not grant you any rights or licenses over this intellectual property.

6. Termination

Termination by Us: We may suspend or terminate your account at any time, with or without cause, with prior notice whenever required by law.

Termination by You: You may close your account at any time by following the instructions provided in the App. Upon termination, your data will be deleted, except when required by law to be retained.

7. Limitation of Liability and Disclaimers

Use at Your Own Risk: The App is provided “as is,” without any warranties. Your use of the App is at your own risk.

Limitation of Liability: We shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the App. Our total liability is limited to any fees paid for accessing the Service, if applicable.

No Liability for Third-Party Actions: We are not responsible for the actions or content of third parties.

Legal Disclaimer: The information provided in the App is for general informational purposes only and does not constitute professional advice.

8. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App, email, or other appropriate means. Continued use of the App after such changes constitutes acceptance of the updated Terms.

9. Governing Law and Jurisdiction

These Terms are governed by Portuguese law. Any disputes arising from the use of the App shall be subject to the exclusive jurisdiction of the Portuguese courts. If you access the App from outside Portugal, you are responsible for complying with applicable local laws.

10. End-User License Agreement (EULA)

Abusive Behavior: We maintain a zero-tolerance policy for inappropriate content or abusive behavior. If you encounter such incidents, you should report them immediately by emailing engineering@fomoapp.org.

Reporting: To report abuse, contact us at engineering@fomoapp.org. We will investigate all reports and take appropriate action.

11. Contact Us

If you have any questions or concerns about these Terms or our data practices, you may contact us at:

Thank you for using FOMO! 🚀